United States v. Munz, No. 14-2805 (8th Cir. 2015)
Annotate this CaseMunz pleaded guilty to a conspiracy to manufacture methamphetamine, 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846. The Sentencing Guidelines advisory range for his crime was 46 to 57 months' imprisonment. Munz requested a downward variance based in part on a proposed amendment to the Drug Quantity Table, Guidelines 2D1.1, which, if applied to Munz, would result in a two-level reduction in Munz's total offense level. Munz also emphasized, among other things, that he had no criminal record, a generally good work history, and a difficult childhood. The court considered Munz's background, but noted that he had twice tested positive for marijuana use during his pretrial release, denied using marijuana despite the positive test results, and had a history of using both marijuana and methamphetamine. In light of these and the other sentencing factors set forth in 18 U.S.C. 3553(a), the court declined to vary below the Guidelines range and sentenced him to 46 months in prison,the bottom of the Guidelines range. The Eighth Circuit affirmed.
Court Description: Criminal case - Sentencing. The district court did not err when it declined to consider a proposed Amendment to the guidelines in setting defendant's sentence; sentence was not substantively unreasonable.
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